Section 5 in The Jammu and Kashmir Hindu Marriage Act, 1980
5. Conditions for Hindu marriages.
- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-(i)neither party has spouse living at the time of the marriage ;(ii)at the time of marriage, neither party-(a)is incapable of giving a valid consent to it inconsequence of unsoundness of mind ; or(b)though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children ; or(c)has been subject to recurrent attacks or insanity or epilepsy;(iii)the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage ;(iv)the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two ;(v)the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two ;(vi)where the bride has not completed the age of eighteen years the consent of her guardian in marriage, if any, has been obtained for the marriage.
